SRC-AXB H.B. 3420 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3420
76R11340  CAS-FBy: Maxey (West)
Education
5/14/1999
Engrossed


DIGEST 

Currently, there is no law governing the sale or endorsement of dietary
supplements by school personnel to a student. Many substances categorized
as dietary supplements under the federal Dietary Supplement and Health
Education Act of 1994 are not regulated by the United States Food and Drug
Administration (FDA). There is no requirement that a dietary supplement's
effectiveness or potential side effects be researched. Some Texas high
school coaches have encouraged the use of dietary supplements, such as
creatine, by their athletes, and may have in fact sold the supplements to
the athletes.  H.B. 3420 prohibits the sale, distribution, and endorsement
of a dietary supplement that contains performance enhancing compounds to a
primary or secondary student by a school district employee, except when the
student is the employee's child or as part of activities that are entirely
separate from any aspect of the person's school district employment. This
substitute also provides that a person who violates the aforementioned
prohibition commits a Class C misdemeanor.  

PURPOSE

As proposed, H.B. 3420 prohibits the sale, distribution, and endorsement of
a dietary supplement that contains performance enhancing compounds to
certain students by a school district employee, and provides an exception. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 38, Education Code, by adding Section 38.011, as
follows:  

Sec. 38.011. DIETARY SUPPLEMENTS. Prohibits a school district employee from
knowingly selling, marketing, or distributing a dietary supplement that
contains performance enhancing compounds (dietary supplement) to a primary
or secondary education student (student) with whom the employee has contact
as part of the employee's school district duties; or knowingly endorses or
suggests the ingestion, intra-nasal application, or inhalation of a dietary
supplement by a student with whom the employee has contact as part of the
employee's school district duties. Provides that this section does not
prohibit a school district employee from providing or endorsing a dietary
supplement, or suggesting the ingestion, intra-nasal application, or
inhalation of a dietary supplement to the employee's child; or selling,
marketing, or distributing a dietary supplement to, or endorsing or
suggesting the use of a dietary supplement by, a student as part of
activities that are entirely separate from any aspect of the school
district as provided by this subsection.  Provides that a person who
violates this section commits a Class C misdemeanor.  Defines "dietary
supplement" and "performance enhancing compound." 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.